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Arbitration - NEC3 - compensation events

Fenwick Elliott Solicitors
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United Kingdom
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March 12 2013

Atkins sought to challenge an arbitrator’s award under section 68 of the Arbitration Act 1996 on the grounds that there was a “serious irregularity”

“Reasonable endeavours” and “suspension of services”

Fenwick Elliott Solicitors
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United Kingdom
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May 14 2013

This was an application for leave to appeal against an arbitration award in relation to a dispute arising out of Morris’ decision to suspend

ADR agreements: conditions precedent to arbitration?

Fenwick Elliott Solicitors
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United Kingdom
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December 17 2012

Wah claimed that a final award made by a Tribunal appointed by the London Court of International Arbitration (“the LCIA”) was invalid because the Tribunal lacked jurisdiction

Adjudication, natural justice and the slip rule

Fenwick Elliott Solicitors
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United Kingdom
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February 1 2010

Celtic resisted ROK’s attempts to enforce an adjudicator’s decision on the grounds that the adjudicator acted unfairly and contrary to the rules of natural justice

Duties of a project manager

Fenwick Elliott Solicitors
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United Kingdom
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August 15 2012

Disputes arose between Ampleforth College and their contractor Kier Northern, which were was settled through mediation

Confidentiality of arbitration documents

Fenwick Elliott Solicitors
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United Kingdom
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September 6 2012

Gray claimed sums from Haddow arising from an arbitration with the NHBC about defective foundations

Dispute adjudication or dispute avoidance under the FIDIC form?

Fenwick Elliott Solicitors
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United Kingdom
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November 20 2012

I recently attended the latest Dispute Resolution Board Foundation (“DRBF”) Regional Conference in Doha, Qatar

Adjudication - residential occupiers

Fenwick Elliott Solicitors
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United Kingdom
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March 12 2013

Lewis resisted the enforcement of an adjudicator’s decision on the grounds that the construction contract was in respect of a house which, at the time

Failure to mediate

Fenwick Elliott Solicitors
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United Kingdom
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March 12 2013

This was a case where the costs of the successful litigation far exceeded the amounts recovered by the claimant. There was no dispute that the

Use of CPR Part 8 proceedings to sever an adjudicator’s decision: Geoffrey Osborne Ltd v Atkins Rail Ltd 2009

Fenwick Elliott Solicitors
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United Kingdom
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March 1 2010

2009 EWHC 2425 TCCGOL and ARL were the parties to two cross-applications before the TCC